Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Côte d'Ivoire (Ratification: 1960)

In its previous comments the Committee noted comments made by the International Trade Union Confederation (ITUC) concerning: (1) threats of sanctions against primary school teachers on strike (MIDD); (2) the violent repression of striking public officials in the north of the country, and particularly the members of the Movement of Redeployed Public Officials of Côte d’Ivoire (MOFORCI); (3) the unwarranted arrest of leaders of the Union of Communal Employees of Côte d’Ivoire (SYNAPECO-CI) and the National Union of Municipal Police Officers of Côte d’Ivoire (SYNAPOMU-CI); and (4) intimidation by the authorities and their interference in the activities of the National Union of Middle and Higher Level Health Officials of Côte d’Ivoire (SYNACASS-CI). The Committee notes the Government’s replies to the questions raised. In the case of the MIDD, the Government states that this is now a legally constituted union and that the wages seized following the strike of the MIDD have been returned in full and without counting the strike days. In the cases of MOFORCI, SYNAPECO-CI, SYNAPOMU-CI and SYNACASS-CI, the Committee notes the Government’s general comment that some of the events occurred in areas under the influence of the rebellion that were outside its control. The Government adds that it was entitled to require a minimum service during the doctors’ strike and that it has agreed to all the claims made by SYNACASS-CI, and has released all the prisoners in provisional custody and paid their wages in full and without counting the days not worked because of the strike.

The Committee also notes the ITUC’s comments of 4 and 31 August 2011 reporting a climate of insecurity in the country and referring in particular to the abduction, torture and detention, from April to July 2011, by the police of Mr Basile Mahan Gahé, General Secretary of the Dignité confederation without any charges being brought against him. Following a mission by the ITUC, charges were brought and Mr Mahan Gahé was transferred to Boundiali prison in harsh conditions on 9 July 2011. The ITUC indicates that it has had no news of the trade unionist and fears for his physical integrity. The Committee points out that the arrest and detention, even for short periods, of trade union leaders and members engaged in their legitimate trade union activities, without any charges being brought and without a warrant, constitute a grave violation of the principle of freedom of association and that a genuinely free and independent trade union movement can develop only if fundamental human rights are respected. Furthermore, the guarantees set out in international labour Conventions, particularly those relating to freedom of association, can be effective only if the civil and political rights enshrined in the Universal Declaration of Human Rights and other international instruments, in particular the International Covenant on Civil and Political Rights, are genuinely recognized (see General Survey of 1994 on freedom of association and collective bargaining, paragraphs 31 and 43). The Committee urges the Government to send its observations on the ITUC’s comments, to state the charges brought against Mr Gahé and to indicate whether he has been released pending trial.

Article 3 of the Convention. Right of employers’ and workers’ organizations to elect their representatives in full freedom. The Committee notes that section 51.5 of the Labour Code provides that officers of professional trade unions must have Ivorian nationality but that foreign members of unions who have lived in Côte d’Ivoire for three years may take up administrative and management functions in the union provided that their countries grant the same right to Ivorian nationals. The Committee points out that provisions on nationality that are too strict could deprive some workers of the right to elect their representatives, for example migrant workers in sectors in which they account for a significant share of the workforce. The legislation should accordingly be made more flexible so as to allow organizations to elect their officers freely and without impediment and to allow foreign workers to take up trade union office, at least after a reasonable period of residence in the host country (see General Survey, op. cit., paragraph 118). Although the length of residence established in section 51.5 appears reasonable, the Committee considers that the reciprocity requirement is excessive and ought to be removed. The Committee requests the Government in its next report to indicate the measures taken or envisaged to amend section 51.5 of the Labour Code along these lines.